RUPAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, praying for revocation of the order of suspension dtd. 12/11/2018, issued by the respondent no. 5, being the Secretary, District Primary School Council.

(2.) The petitioner had joined as an Assistant Teacher in Simlabari SPL/C Primary School Alipurduar. Records reveal that the petitioner was placed under suspension by an order dtd. 12/11/2018. According to the petitioner he had been falsely implicated in a criminal case vide FIR no. 381 dtd. 30/10/2018 under Ss. 341/506 of the Indian Penal Code as also under the Provisions of Ss. 25(1)(a)/27 of the Arms Act, 1959. It also appears that the petitioner was detained in police custody for a period between 1/11/2018 till 12/11/2018. At present, though the petitioner had been enlarged on bail, the criminal proceeding initiated against the petitioner on the basis of the FIR being, Alipurduar Police Station Case no. 381 dtd. 30/10/2018 is still pending.

(3.) Mr. Mandal, learned advocate representing the petitioner in support of the present writ petition submits that the aforesaid order of suspension has been issued in violation of the provisions of the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules, 2001[Hereinafter referred to as the "said Act"]. By drawing attention of this Court to the order of suspension, he submits that the said order of suspension does not identify either explicitly or impliedly that the same had been issued in contemplation of any enquiry proceeding. According to Mr. Mandal, the petitioner has been kept under illegal suspension since, 30/10/2018.